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The European Commission wants to set a series of

to try to elucidate whether the

, distributors linked to some of the most used digital platforms or apps on the continent, are self-employed or, as many of them consider, employees without the status legal and the conditions that could be required depending on what they do every day.

Brussels estimates that there are

without the rights they deserve and tries to resolve the dispute on a continental level, after

.

But it is not a simple debate, it will not be resolved with the initiatives announced today and, in the best of cases, it will still take months, if not years, for the ideas to materialize.

In recent years the courts of the 27 have ruled dozens and dozens of times, and there are hundreds of pending sentences, establishing that some delivery men or drivers were actually employees and that the companies that hired their services were not mere digital mediators. The verdicts have gone in all directions, from cuts that thought Uber drivers were or should be direct employees in London to the defeat

of Deliverro

in Belgium, who this week received a no to the same demands. That is why the Commission, whose competences in the matter are not direct in all respects, wants to get a trump card. But it does so assuming that in many things

.

Brussels today proposes a communication, guidelines and a proposal for a directive. In the EU, the European Commission has the legislative initiative, but any idea

(governments, represented by ministers), who negotiate, polish or even completely rewrite the original idea. Hence, a long process is now opening whose result is unknown, and more so on issues that fully affect labor laws, and economic and digital worldviews, so different.

In a simplified and summarized way, the Commission suggests that if

or drivers or workers in the digital platform sector meet at least two conditions from an established series, they are considered employees of the company, and not self-employed. And therefore,

, from a minimum wage (if applicable) to the protection of collective agreements, limited hours, health coverage, medical leave, protection against accidents. labor and pension contributions.

For example, if the application determines the level of remuneration or sets maximum limits; whether the platform monitors job performance through electronic means; if restricted in any way, especially algorithms, the freedom to choose work hours or periods of absence, accept or decline tasks, or use subcontractors or substitutes. Likewise, the EU points to the fact whether the company establishes the obligation to wear a uniform or restricts the possibility of creating a customer base or carrying out work for third parties. If a distributed is recognized in at least two categories, it should be considered an employee by default, if this legislative initiative goes ahead. And it will be the company that must demonstrate that there is no employment relationship.

The starting point is that there are very many who are, clearly, false self-employed, but not all.

And the goal is to differentiate them as precisely as possible.

Technicians estimate that 90% of the 28 million workers associated with these platforms are self-employed, but that at least 5.5 million should not be.

The vast majority, however, more than 22 million would actually be what their contracts say, whether they are self-employed or employees.

The Commission suggests that if these

, but the burden of proof will fall on who must prove that there is no employment relationship, not the other way around, as was tried until now in the courts. "The criteria will provide legal certainty, reduce litigation costs and facilitate business planning," says the initiative. "With more and more jobs being created by digital labor platforms, we must guarantee decent working conditions for all those who derive their income from such employment. Our proposed Directive will help bogus self-employed workers who work for platforms to correctly determine their status. employment and enjoy all the social rights that it entails.Authentic freelancers on platforms will be protected by greater legal certainty about their status and there will be new safeguards against the pitfalls of algorithmic management. This is an important step towards a more social digital economy ", estimates Vice President Margrethe Vestager, Head of Competition.

So far few member states (Spain has done so recently) have directly addressed the issue, despite the fact that Brussels has recorded more than 100 court judgments and 15 administrative decisions in specific cases. And even when governments have acted, it has almost always been in a very specific way, for very specific sectors. There are more than 500 digital platforms providing services, from food delivery to transport to errands, across the EU. Some are large multinationals and others are small local start-ups, but the EU estimates that revenues exceed 20 billion annually. There are 28 million citizens who work in some way through these digital platforms, but by 2025 there could be 43 million, estimates the Commission. Of them, however,55% earn less than the minimum wage and spend an average of almost 9 hours a week on unpaid tasks related to their job, compared to 12.6 hours that they do.

Control the algorithm

Another of the main objectives of today's legislative proposal is to

. The Commission wants all the people who carry out work through these platforms to have the right to be informed about the details of the monitoring and decision-making systems that affect their working conditions. Until now the delivery men complain about secrecy and lack of clarity. The Directive, if it goes ahead, would require that workers, self-employed or not, receive

, including by clients. They would also receive information on the elements that drive or support key decisions, such as homework assignments, fee and bonus proposals.

The Directive would force workers' representatives and labor authorities to also have access to such information. Likewise, digital labor platforms could not collect or process any personal data that is not directly related to the work performed. Nor will they be allowed to collect data as long as the person is not logged into the app. In addition, among the rights recognized to each distributed or driver would be to be able to challenge automated decisions that affect their working conditions, it being mandatory that workers have access to human contact to discuss decisions that significantly impact them. If you are asked to review your decision, the platform must respond within one week.In case the decision violates the rights of the person, the digital labor platform must correct the decision or provide compensation, says today's proposal.

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